Search Results for: extension of limitation
COVID-19| ‘Country is returning to normalcy; Courts/Tribunals are functioning’; Supreme Court ends extension of limitation period for filing petitions/applications/suits/appeals, etc.
“We are of the opinion that the order dated 15.03.2020* has served its purpose and in view of the changing scenario relating to the pandemic, the extension of limitation should come to an end.”
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COVID-19| SC’s March 23 order on extension of limitation not applicable to the period of filing charge sheet under Section 167(2) CrPC
Supreme Court: The 3-judge bench of Ashok Bhushan, SK Kaul and MR Shah, JJ has held that it’s order dated 23.03.2020, wherein
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Applicability of Limitation Act, 1963 is subject to provisions of the West Bengal Premises Tenancy Act: Supreme Court
“The compliance as required to be done by the tenant in Section 7(1)(a)(b)(c) and first part of Section 7(2) of the WBPT Act regarding deposit of rent and filing an application within the same time is mandatory”.
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Limitation period of S.95 IBC applications against personal guarantor based on DRT recovery certificate is three years: NCLAT
The appellant relying on Tottempudi Salalith v. State Bank of India, (2024) 1 SCC 24, contended that the limitation for filing Section 95 IBC application in the present case must be treated as 12 years and hence the application filed was not barred by time.
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Creditor’s name not essential in balance sheet for acknowledgment of debt to extend limitation period; Supreme sets aside NCLAT Order; Allows IFIN’s plea
The judgment reaffirmed the principle that entries in a corporate debtor’s balance sheet can constitute an acknowledgment of liability under Section 18 of the Limitation Act, provided they indicate a subsisting jural relationship between the parties, even if the financial creditor is not named explicitly. The Court emphasised that such entries must be interpreted liberally and in context, considering the overall tenor of the balance sheet and the surrounding circumstances.
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Limitation Act is not applicable to conciliation proceedings under Section 18(2) of the MSMED Act: Supreme Court
“Time-barred claims must not be excluded from conciliation under the MSMED Act. The statute of limitation only bars the remedy but does not extinguish the underlying right”.
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“Valid TDS payment triggers a fresh period of limitation under Section 19”; Delhi High Court allows partial financial claim by an Ad Company
The dispute arose from unpaid advertising invoices raised by Planet Advertising Pvt. Ltd. between July and November 2014 for campaigns executed for Ambience Pvt. Ltd. The plaintiff claimed Rs. 1.03 crore, asserting that part-payment, backdated purchase orders, and TDS deductions extended the limitation period.
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GST Tightens the Reins: No More Edits, No More Extensions
by Shweta Walecha and Srijita Chakraborty
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Acknowledgment of Balance Sheet under Section 18 of Limitation Act to be counted from date of signing of Balance Sheet: NCLAT
“There is no mandatory requirement for factorising the date of uploading of the balance sheet on the MCA portal for computing the period of limitation.”
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Limitation for offence punishable under Section 498-A of IPC commences from the last act of cruelty: Bombay HC
Limitation for prosecution under Section 498-A1 of IPC does not continue for indefinite period as such interpretation will render Section 4682 of CrPC nugatory/otiose for the purpose of Section 498-A of IPC which does not appear to be the legislature’s intention.
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Application for extension of time for passing arbitral award under Section 29A of Arbitration Act is maintainable even after 18-month deadline for making of award: SC
“Section 29A intends to ensure the timely completion of arbitral proceedings while allowing Courts the flexibility to grant extensions when warranted. Prescribing a limitation period, unless clearly stated in words or necessary, should not be accepted. Bar by limitation has penal and fatal consequences.”
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Calcutta High Court directs authorities to consider Kolkata Metro timings extension till 11:30pm
A PIL was filed seeking an extension of the timing of the last train operated by the Kolkata Metro based on the comparison with other Metro Rails operating in different cities/states, where the last train typically runs until 11:30 p.m.
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‘3 years is a long period for filing application for appointing arbitrator’; SC suggests Parliament to bring amendment prescribing specific limitation period
Supreme Court, while allowing the present petition, appointed Justice Sanjay Kishan Kaul, Former Judge of the Supreme Court of India, to act as the sole arbitrator.
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Limitation for appeal against acquittal can be condoned: Supreme Court
Supreme Court acknowledged that in case of special law prescribing a limitation period, Section 5 of the Limitation Act would have no application.
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‘Limitation period for arbitration to be decided by Arbitral Tribunal while passing order u/s 20 of A&C Act’; Telangana HC appoints nominee arbitrator u/s 11(6)
“It is a well-settled law that while deciding the question of appointment of arbitrator, the Court shall not touch the merits of the case as it may cause prejudice to the case of the parties.”
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Calcutta High Court allows 6 months extension of Arbitral Mandate under Section 29A(4) of the Arbitration and Conciliation Act, 1996
Calcutta High Court emphasized the distinction between vigilant litigants and those contributing to unnecessary delays in the arbitration process, ultimately ruling in favor of the petitioner.
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COVID-19 Limitation Period Suspension included outer limit of period to condone delay: Supreme Court
The appellants mainly averred that the further period of 90 days had not expired on the date of imposition of lockdown as on 23-03-2020.
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Madhya Pradesh High Court allows fresh adjudication on limitation issue in Arbitration appeal
Madhya Pradesh High Court held that the Trial Court failed to properly adjudicate the issue related to calculation of limitation period.
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